Roe v. Martin

Decided October 15, 1823

New York Supreme Court · decided 1823-10-15

Un certiorari to a Justice’s Court. One question was, whether the evidence, in the Court below, sustained the action. It was assumpsit, by Martin against Roe, for keeping the mare of the latter. It appeared that the plaintiff agreed to exchange his mare for the defendant’s horse.

Cited by 4 later decisions — most recently January 1861

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1823-10-15

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Curia.

¶1The contract of exchange was complete. The mare became the property of Roe. And as he suffered her to remain at Martin’s, after the time, when he was to have taken her away, the law implies an assumpsit, on his part, to pay for the keeping.

¶2Judgment affirmed.